Now a reality, how to implement the new act into your projects and future contracts;

What key elements do you need to understand?

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 7th March 2018

The Construction Contracts Act has been recently signed into Law and is now a reality for the building & design sector. The Act introduced a number of key protections aimed at improving cash flow in the construction industry, including ensuring adequate payment mechanisms in all construction contracts, with minimum payment provisions for sub-contractors, as well as a statutory right to suspend works for non-payment.

Secure your place at the early bird rate and save €100.00 – Early Bird Rate is €365.00 + VAT Normal rate €465.00 + VAT

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

Book your place now!

This conference will provide delegates with a step by step approach of what they need to know about the new Act including adjudication procedures to be introduced in Ireland and how to handle the process most efficiently and effectively from start to finish.                                                

Ireland can expect a significant amount of changes to contracts, projects, payments and Adjudication Procedures in the near future and CMG Events have gathered some of the leading experts in this area from the UK and Ireland to discuss and explain the main details you need to know going forward. The conference will give attendees an insight into experience of similar provisions in other jurisdictions as well as an introduction to advocacy in adjudications.

This is a must attend event for all building and design professionals, public sector executives or those involved in the law surrounding the Act.

This event will be of real interest to all build and design professionals, public sector bodies and those who look after the law surrounding projects. The types of organisations in attendance will be contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities and legal consultants to name just a few.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Opening remarks from Conference Chairperson
Niav O’Higgins, Partner, Arthur Cox

9.00

Overview of the Construction Contracts Act
Speaker: Professor Rudi Klein, Barrister & Chief Executive, Specialist Engineering Contractors’ Group, Involved in the drafting of the Construction Contracts Act, President, NEC Users’ Group

  • What does it mean for the industry?
  • Can we expect cultural change?
  • Comparison with the UK regime
  • Comparison to the more usual forms of ADR in this country (conciliation, mediation, arbitration)
  • The Code of Practice

Adjudication

9.30

Overview of Adjudication
Speaker: Dr. Nael G. Bunni, Chairperson of the Panel of Adjudicators under the Construction Contracts Act

10.10

Commencing An Adjudication
Speaker: Damien Keogh, Principal, Damien Keogh & Associates Solicitors

Establishing A Right To Adjudicate

  • How do I know whether I can go to adjudication or not?
  • Is my contract a ‘Construction Contract’ defined by the act?
  • Is there anything that is excluded from the definition?
  • Are there other exclusions from the Act?
  • Do I have a dispute – “relating to payment”?
  • Do I need professional help?

Commencement of Adjudication Process  

  • I have a dispute under a ‘Construction Contract’: How do I start adjudication? What are the first steps?
  • Description of the nature of the dispute and the parties involved
  • Details of where and when the dispute arose;
  • The nature of the remedy being sought, names and address of the parties to the contracts, including addresses where documents may be served
  • Appointment of adjudicator
  • Referral notice

11.00

Coffee break and chance to network

11.15

Responding to a Referral to Adjudicate & Challenging the Adjudicators Appointment
Speaker: Gordon Barry – FIDIC Accredited Adjudicator

Replying to a notice of adjudication

  • Getting adjudication ready – approaches to contract administration and record keeping
  • Has a dispute actually occurred
  • How should you respond in the case a dispute has occurred?
  • What to do if you don’t agree that a dispute has occurred?
  • In what time frame to you have to respond? are there circumstances for extensions?

Challenging the adjudicator’s appointment

  • What do you do if you feel the adjudicator has no authority to act
  • What to do if the adjudicator refuses to agree with you over authority – can you refuse to take part in the adjudication process
  • Counterclaiming

11.50

The Adjudication Itself
Speaker: Matt Molloy, Director, MCMS Limited

Timetable involved

  • How to use the 28 days to their full potential to maximise results!
  • Under what circumstances will time be extended?

Formal Hearings?

  • In what circumstances will a meeting be required? What format will it take?
  • What should the adjudicator do or not do
  • What can you expect from an adjudicator’s decision
  • Does the adjudicator have to provide written reasons or is it up to the adjudicator?

What to do after an adjudication decision

  • What to do when adjudication process is completed and the other party is refusing to comply
  • What if the adjudication decision has an error in it?
  • What if the adjudicator refuses to amend the error?
  • If I do not agree with the adjudicator’s decision: what should I do?
  • Can I sue the adjudicator for negligence?
  • Where can I go for further information or assistance?
  • The right to suspend work for failure to comply with Adjudicator’s decision

12.30

After the Referral
Speaker: Stephen Proctor, Partner – Construction Group, McCann FitzGerald

What does the adjudicator do next?

  • Supply of documents the adjudicator reasonably requires, including further written statements;
  • Decide what language should be used and is translation needed
  • Decide whether to meet parties and their representatives
  • Decide whether to make site visits and inspections
  • Impose deadlines or limits to the length of documents or oral presentations
  • Issue other directions for the conduct of the adjudication

Costs & who pays

  • Who pays the adjudicator’s costs?
  • The adjudicators obtained expert advice – do I have to pay for this too?
  • What will the adjudicator charge?
  • Does the adjudicator have a written agreement or terms of appointment?
  • Money spent on legal advice: Can I ask the adjudicator to award me my costs
  • Interest – when are interest sums awarded?

1.10

Lunch and chance to network

Payment Claims

2.00

Section 1,2 & 3 – What is a Construction Contract, Payment Provisions & Schedule
Speaker: Gerry O’Sullivan, FRICS FSCSI FCIArb Non practising Barrister, Mulcahy McDonagh & Partners

  • What provision does the Act make for payments under a construction contract?
  • What, according to the Act, are the required elements of every construction contract – and what happens if they are not present?
  • What does ‘adequate mechanism’ mean?
  • What happens to ‘pay when paid clauses’? In what circumstances are ‘pay when paid’ clauses permitted?

Schedule

  • When does the schedule apply to;
  • Main contractors
  • Employers
  • Design Consultants
  • Subcontractors
  • And are there exceptions?
  • Under what circumstances does the Schedule not apply (insolvency, appointment of receiver in respect of property / assets, Appointment of an examiner)
  • What does the schedule provide?
  • What are the implications of the 30 day payment cycle – how will it work?
  • What happens to interim payments
  • What happens to final payments?
  • How do I calculate the amount due under each claim if the Schedule applies?
  • What does paragraph 5 of the Schedule mean?

2.40

Section 4 – The Payment Claim Notice explained
Speaker: Kevin Kelly, Partner, McCann FitzGerald

  • What is a payment claim notice
  • What needs to be in a payment claim notice
  • How can I ensure payment claim is compliant with Section 4? What happens if it isn’t compliant?
  • When do I serve it? Timeframe for delivery of the Payment Claim Notice
  • What do I claim for? The subject matter of the claim? Do I need to set out the basis of calculation of the amount claimed; am I required to specify the period, or the stage of work or activity – what detail do I need to provide?
  • What do I do if I receive a payment claim notice? What happens if I do nothing?
  • If I want to contest if – what’s the timeframe?
  • What do I need to include in my notice contesting the claim? How much detail do I need to provide? Do I need to set out my figures and give reasons for differences?
  • On the day payment is due, what amount do I have to pay?
  • What happens if I have claims and contra charges to set off against the claim made in the notice?

Employer / Other party Response

  • If the other party contest the amount due, what is the response timeframe to be adhered to?
  • Details of the amount the other party propose and calculations explained?
  • How to present reasons for differences between the amount in the Payment Claim Notice
  • On the day payment is due, what amount does the other party / employer have to pay?
  • In circumstance of a claim for loss or damage arising from an alleged breach of any contractual or other obligation of the executing party – what details must the response include?
  • What are the consequences of a failure to issue a response?

3.20

Section 4 – Right to Suspend Work Explained
Speaker: Lydia B. Bunni, Barrister at Law, The Law Library

  • What can I do if I don’t get paid?
  • When can I do it?
  • What do I have to do before I can suspend? What are the notice requirements?
  • When can I not suspend works?
  • What can I do if I receive notice of intention to suspend works? How can I prevent it?
  • What effect does suspension have on time for completion?
  • What other remedies do I have for non-payment?

4.00

 Question & Answer Session

4.15

Conference Close

On completion you will receive your Certificate of Attendance / CPD Certificate containing 6 Structured CPD Points. Please note certificates are issued only at the close of the conference to participants who complete the full day.

Stephen Proctor

Stephen Proctor

Partner – Construction Group, McCann FitzGerald

Stephen specialises in construction law advising both the public and private sector on many of the significant construction and engineering projects in Ireland over the last 10 years.

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He has particular experience in the construction, operation and maintenance of large scale projects including, agri-food and drink, data centres, transport, life science, water and energy.

He advises on contentious matters representing clients in mediation, conciliation, adjudication, arbitration and court.

Stephen also lectures on renewable energy as part of the Law Society’s Diploma in Environmental and Planning Law.

Dr. Fergal Callaghan

Gerry O’Sullivan

FRICS FSCSI FCIArb, Non practising Barrister, Mulcahy McDonagh & Partners

Gerry is a highly experienced expert in construction law, & has extensive experience having worked on large & high profile educational, healthcare, commercial, residential & infrastructural projects.

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Working with Mulcahy McDonagh & Partners (MMP) since 2000, he has served on many professional committees within the Construction Industry. He is a member of the Minister’s adjudication panel and the SCSI adjudication panel,  is Chairman of the Society of Chartered Surveyors’ Dispute Resolutions Committee and  SCSI delegate on the Construction Liaison Committee.

Matt Molloy

Matt Molloy

Director, MCMS Limited

Matthew is a Director of MCMS Limited, a firm specialising in construction industry dispute resolution.

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He is a Chartered Quantity Surveyor, Chartered Builder and Chartered Arbitrator and was called to the Bar of England & Wales in 2001. He is one of the most experienced adjudicators in the UK and is a member of the Irish government panel of construction adjudicators. He is also a CEDR panel mediator.

Gordon Barry

Gordon Barry

FIDIC Accredited Adjudicator

Gordon is a Chartered Engineer and an experienced Arbitrator and Conciliator.

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He has over 25 years’ experience in the delivery of capital infrastructure projects, working with Contractors for the first decade and spending the subsequent years working with Consultants. Gordon’s experience covers the full cycle of capital infrastructure projects and a wide range of model contract forms. Gordon is also a Chartered Environmentalist and a Chartered Scientist and is currently working with J. B. Barry & Partners Ltd.

Kevin Kelly

Kevin Kelly

Partner, McCann FitzGerald

Kevin leads the firm’s Construction Group.

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He has practiced in this area for over 26 year and has aligned his extensive construction practise, which includes construction contract drafting and construction disputes, with a recognised expertise in all aspects of public procurement law/tendering. Kevin has considerable experience in leading the construction and procurement advice on large scale construction and infrastructure projects, managing issues from initial query to resolution including providing strategic advice on how to structure arrangements and producing draft documentation to reflect such arrangements, particularly with a view to avoiding or minimizing conflict during the construction phase and seeking to have robust and clear arrangements in place.

Kevin has written articles and lectures extensively on the areas of construction contracts and procurement. He has lectured on both subjects on the engineering degree course at University College Dublin and, since the course began, has lectured on the Diploma in Construction Law and Contract Administration course in Trinity College Dublin.

Kevin is a regular speaker at conferences on construction contracts, dispute resolution and procurement.

Rudi Klein

Professor Rudi Klein

Barrister & Chief, Executive, Specialist Engineering Contractors’ Group, President, NEC Users’ Group

Rudi Klein is Chief Executive of the Specialist Engineering Contractors’ (SEC) Group, an umbrella body representing the interests of 60,000 firms in the specialist engineering sector. He is also a barrister specialising in construction law.

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He was actively involved in the piloting of the ‘Construction Act’ through Parliament and originated Section 112 of the Act dealing with the right of suspension of construction contracts for non-payment. He campaigned for amendments to the Act to overcome weaknesses in the legislation. When Part 8 of the Local Democracy, Economic Development and Construction Bill was introduced he drafted amendments which were debated in Parliament. An amendment on security for payment was lost by 69 votes in the House of Commons.

He is an adjudicator on the Adjudication Panel of the Chartered Institute of Building (CIOB). He has lectured extensively on legal and contractual matters.

He is an honorary member of the Society of Construction Law.

Rudi has given advice to both the New Zealand and Singaporean Governments in the development of their respective construction contracts legislation. He worked with Senator Quinn on the drafting of the Construction Contracts Act. He was a member of a European Commission working party drafting a harmonised code of contract law for the European Union. He is a visiting lecturer at the University of Stuttgart.

Niav O’Higgins

Niav O’Higgins

Partner, Construction & Engineering Group, Arthur Cox

Niav heads up the Construction & Engineering Group in Arthur Cox.

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She has been specialising in construction for over 20 years, advising clients operating across a range of sectors within the industry on both contentious and non-contentious matters. She has extensive experience of drafting construction contracts and design appointments, including all ancillary documentation, with experience of all the main standard forms of building and engineering contracts used in Ireland.  She also advises on effective dispute resolution, whether through litigation, arbitration, conciliation, mediation or adjudication, focussed on ensuring resolution as efficiently as possible and on the best terms.  She is an accredited CEDR mediator, has a diploma in adjudication from the RICS and is chair of the Adjudication Society, Ireland region.

Dr. Nael G. Bunni

Dr. Nael G. Bunni

Chairperson of the Panel of Adjudicators under the Construction Contracts Act

Dr. Bunni is a Chartered Engineer, Registered Chartered Arbitrator, Conciliator/Mediator, Adjudicator and Visiting Professor in Construction Law and Contract Administration at Trinity College Dublin.

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He is Past President of the Association of Consulting Engineers of Ireland (1987/1988); of the Chartered Institute of Arbitrators, world wide (2000/2001), and Past Chairman of its Irish Branch (1986/1989); Past Chairman of FIDIC’s Standing Committee on Professional Liability and its Task Committee on Construction, Insurance and Law.

Since 1972, Dr. Bunni has acted as arbitrator, conciliator/mediator or dispute adjudication board member on cases involving parties from over 50 jurisdictions. As arbitrator, he has acted as sole arbitrator; member of tribunal; or chairman (president) of tribunal, in over 155 domestic and international cases, under the Rules of Arbitration of: the ICC; UNCITRAL; LCIA; CRCICA; DIAC, IEI; or ad hoc rules.

Lydia B. Bunni

Lydia B. Bunni

Barrister at Law, The Law Library

Lydia is a practicing Barrister, specialising in construction disputes, construction insurance and health and safety law.

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Lydia advises contractors, employers, designers, insurance companies and private entities. 
Lydia lectures in Trinity College Dublin, University College Dublin and is the Editor of the Periodical of the Construction Bar Association of Ireland. Lydia is a founding member of the Construction Bar Association of Ireland and sits on its Executive Committee.

Damien Keogh

Damien Keogh

Senior Partner and Principal, Damien Keogh & Associates

Damien Keogh is Senior Partner and Principal of Damien Keogh & Associates Solicitors, a niche law firm specialising in construction and engineering contracts, appointments, claims and disputes.

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A former Head of the Construction department in one of Ireland’s Top Tier law firms Damien is recognised as one of Ireland’s leading construction and engineering lawyers. He has vast experience in all aspects of construction and engineering law and in particular dispute resolution in construction, engineering and energy claims including adjudication, court litigation, arbitration, conciliation, mediation, and other ADRs.

Damien has also extensive non-contentious construction and engineering law experience advising clients in bringing their construction, major infrastructure, development and energy projects from inception to conclusion. Damien also acts for some of Ireland’s largest construction professional firms in relation to their appointments and their responsibilities and liabilities under the Building Control Regulations.

Damien is a Fellow of the Chartered Institute of Arbitrators and frequently acts as an Arbitrator in both domestic and international commercial arbitrations. Damien is also a lecturer in Arbitration Law at Trinity College, Dublin and The Law Society of Ireland.

Damien is also a trained advocate, mediator and skilled conciliator and is a CEDR Accredited Mediator, a CIArb Certified Adjudicator and a CIArb Accredited Mediator.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Secure your place at the early bird rate and save €100.00 – Early Bird Rate is €365.00 + VAT – (Closing Friday 15th December 2017) – Normal rate €465.00 + VAT

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

15% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and full buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early Bird Rate is €365.00 + VAT (Normal rate €465.00 + VAT)

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Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG Events in writing by email or by post, no later than 14 days prior to the event date. Regrettably no cancelations or refunds can be made after this date. In the case of a refund – an administration charge of 25% plus VAT will be deducted before a refund is made. CMG Events reserve the right to make any necessary changes to the advertised programme including a change of venue. The views expressed by the speakers are not necessarily those held by the organisers, nor is the organiser responsible for speakers opinions or statements. Please note CMG Events will distribute the delegate list to all registered attendees prior to the conference for networking purposes. However, in keeping with current data protection and privacy legislation, the distributed delegate list will not contain telephone or email contact details. Please advise CMG Events if you would like to have your name removed from this networking list for this event. We do not sell your data to a third party - we may use your contact details for the purposes of notifying you of other conferences or training courses that we run. If you do not wish for us to contact you again, please let us know by emailing sarahjane@cmgevents.ie

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